The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-10-08

this morning TON one VI AAVAlOAA~ =
citizens in blue, paper entitled Exc
cution," and signed by Police Justice
Dayton, attached to which was this note
POLICE COURT.
J. w. Luning
Chas. Michiels.
F. Pahia, Esq, Deputy Marshal:
Sir: You will please execute the execu-
ton in the above case by making levy
upon the cornet of the defendant, in his
possession, CHAs CREIGHTON,
Attorney for plaintiff
I never doubted that ShylOck would
endeavor to exact his pound of flesh, but
I did not think that even an Hawaiian
LAWYER, who in some respects surely has
no peer, could be party to an act OF
such ineffable meanness as that required
to be done by the Deputy Marshal. Mr..
Creighton and his highly respectable
client, of course, were aware before that
elegant effusion ("execute the execu-
tom is worthy of the client and must
surely be. his copyright) was penned,
that I was to take part in the Joran con-
cert tomorrow night, and in directing
the levy against the cornet they hoped
one of two things, either to make it inn
possible for the programme already an
nounced to be carried out, and thus to
injure people who have only the mis-
fortune to be, like myself, musical artists,
or to extort the money unjustly claimed
from others than myself, because they
know not only that 1 have passed my
word never to pay Mr.. Luning's out
rageous claim, but that l intend to keep
it.
If 1 had been dealing with people
moved by a sense of right, or who had
ever experienced the thrill which fol-
lows the performance of generous act,
I might have asked why they could not
have stayed their execution until after
the concert. But to a client more re-
markable than the ornithorynchus, even
if that creature had been more nearly
allied to the reptile class, and to young
attorney who still prefers to do sharp
thing than wise one, the opportunity
they have seized must afford them un-
bounded satisfaction. What matters to
such men that the Joran family may be
compelled to break faith with the pub
lie. How foreign to their natures must
be the performance of social duties.
A word or two, Mr. Editor, about the
facts of the case of which the execution
is the outcome may be instructive. Mr..
Luning sued me in the Police Court for
800, the balance of the sum of $3.50, the
amount of his claim against me for ser
vices rendered in making an inventory
of goods that were saved from the fire at
my store. When the case was called 1
was not ready with my defense, and
therefore applied to the judge for an
adjournment. This was refused for no
reason given. Mr.. Luning was repre-
sented by Mr.. Creighton, conducted
my own defense. Mr.. Luning swore he
was engaged to make the inventory
that he was occupied on the work two
and half days, and that he claimed
$3.50 for his services-that is at the rate
of 81 ,440 per month of "a working days!
Although it was proved that the insur-
ance companies, who were interested in
the matter equally with myself, paid
their representative for the same work
$50, yet in the face of that fact and that
there was no independent testimony of
the value of the work and of my
direct evidence that there twas no
agreement to pay Mr.. sLuning any particu-
ticular the Justice decided in Mr.. Lun-
ing's favor, holding, I presume, that the
claim was proper because it was sworn
to by the person interested. Plaintiff
must be sorry he did not put his claim
at 1900, as by equally good law he
would have got verdict in his favor all
the same. After such law / was not
surprised that the cornet-I am cor
netist by profession-was demanded, so
that I should be left without even the
means of making living. Surely this
is the only country where judgment is
recorded as one step in a case and the
next deprives the unfortunate litigant of
the means of satisfying such judgment.
Can it really be that a mans tools, the
implements he uses in his business, can
be taken from him. / am too poor to
own bed, but have the misfortune to
possess little wearing apparel. Are
my clothes to be taken also, Mr.. Day
tom (You signed the execution; did
you peruse the instructions to the Mar
shall also?) If so, will you give me
timely notice, SO that can provide
few ii leaves and practice the art of
making a malo?
hope to have the pleasure of filling
my part of the programme at the con-
cert tomorrow night, despite the un-
generous attempt to prevent me.
trust the public viii show their ap-
probation of the exceptionally great
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